TERMS & CONDITIONS
General Terms and Conditions of Be2Bit Ltd
1. Scope of application of the general terms and conditions
1.1 These general terms and conditions (GTC) apply to all purchase orders of entrepreneurs and consumers (hereinafter referred to as the customers) at the online shop TwinScan (https://www.twinscan.store) of Be2Bit Ltd (hereinafter referred to as TwinScan).
1.2 The 3D scan service offered at the TwinScan online shop are digital 3D data. A computer program which is interoperable with the 3D data format acquired by the customer is required for processing of the 3D data.
1.3 Amendments and supplements to these GTC are solely made by the managing director or authorized signatory of TwinScan (management) registered in the commercial register as being authorized to represent. Verbal arrangements and declarations of other persons who have not been authorized by the management in this respect, are only effective if they are confirmed in writing by the management.
2. Services of TwinScan
Customers can buy the following products from TwinScan: Digital data for the agreed purpose of use by providing an electronic link to download the data from the Internet. We are not obliged to deliver any other format of the 3D data than the format selected by the customer in the order.
3. Quotation and contract conclusion
3.1 Amendments Quotations of TwinScan are non-binding and subject to change. A contract is concluded with TwinScan as follows:
The customer selects the file format and adds the requested 3D scan product service to the virtual cart of the TwinScan online shop by clicking the “ADD TO CART” button. As soon as all the products the customer requires are in the cart, the customer clicks the “PROCEED TO CHECKOUT” or “CHECKOUT” button. After filling in the form the customer selects the payment method. Up to this step, the process is non-binding and does not constitute an offer to buy. No binding offer to buy is submitted until the customer ticks the box “I’ve read and accept the terms & conditions” and clicks the “Place order” or “Proceed to PayPal” button. When the order process is completed, the customer will receive an email containing the contract data, the order confirmation and the instrauctions in order to create and upload the video that let TwinScan to create the desired 3D model. A purchase contract is concluded with this email.
3.2 The customer can store or print the content of the order at any time by clicking the appropriate button. After the customer has left the order platform, the order can only be called up in the online shop if the customer registered with a user account and by selecting the function “My account”.
3.3 Drawings, illustrations, dimensions, weights or other performance data are only binding if this was expressly agreed.
3.4 The customer assures that all information provided during ordering or registration is truthful (for example the name, email address, bank details etc.). TwinScan must be notified of any changes immediately.
4. Rights of 3D data bought at TwinScan
4.1 Rights of use of the 3D data:
4.1.1 TwinScan grants the customer an exclusive right of use to the 3D data model as it’s based and rebuilt through photogrammetry of the user own video. TwinScan grants the customer the following rights: s/he may use the data for the following purposes: Rendering still images and animations for commercial or private purposes, such as video production, broadcasting, print, movies, advertising, illustrations and presentations.
4.1.2 The customer is entitled to store the downloaded 3D data within his/her company on an unlimited number of workplaces.
4.2 License Resale / Unit sale
No customized license agreement is required for the use of the 3D data for resale; the customer can make the 3D data available to third parties in such a way that the 3D data can be downloaded, extracted, distributed or accessed by third parties as single files.
4.3 Legal reservation
3D data must neither be used for illegal purposes nor in a manner that violates statutory provisions or thirdparty property rights. The following restrictions apply to the use of TwinScan products: pornographic, violent, defamatory or libelous use or use that is otherwise unlawful is prohibited. Also, no content created with TwinScan products which is similar to or competes with TwinScan products is to be distributed or sold.
The prices in the online shop of TwinScan do not include statutory sales tax. If applicable, sales taxes are added during the checkout process.
Digital data is delivered by email, containing an electronic link to download the data from the Internet.
6.2 False Delivery/Broken links:
In case of the delivery of wrong files or broken links TwinScan will replace the order and send new functional download links for the originally ordered files.
7. Terms of payment
Invoices of TwinScan are due for payment immediately without deductions. Payments can be made in advance via PayPal, credit/debit card and SOFORT. TwinScan reserves the right to perform delivery only against cash on delivery. If, after the conclusion of the contract, TwinScan becomes aware of the fact that the customer might not be able to pay the purchase price, TwinScan is entitled to demand advance payment or to rescind the contract if TwinScan first granted a grace period for the payment of the purchase price without a result. However, the customer has the right to avoid these consequences by providing security.
8. Retention of title
8.1 TwinScan reserves the right to revoke all the customer’s rights of use to the data as appropriate until payment has been received in full.
8.2 In the event of conduct in violation of the contract by the customer, in particular in case of delay in payment, TwinScan is entitled – after having set an appropriate period – to demand the customer to refrain from using the contractual data. When TwinScan demands the data not to be used, it is always accompanied by TwinScan rescinding the respective contract.
8.3 In the event of pledges or other interventions by third parties in the aforementioned legal positions of TwinScan, the customer must immediately notify TwinScan in writing so that TwinScan can decide whether to take action against the pledge or not. If the third party is not able to reimburse TwinScan for costs of such action, the customer is liable for the loss incurred by TwinScan.
9. Managing defects of title and alleged violations of third-party property rights
9.1 TwinScan undertakes to indemnify the customer against any claims due to any violations of third-party property rights based on the contractual use of 3D data the customer has bought from TwinScan. The indemnification requires that TwinScan is provided with all the information the customer received from the third party with regard to the alleged violation of property rights immediately and without being asked. The customer is not authorized to make any legally binding statements towards the third party without the prior written consent of TwinScan.
9.2 The customer is obliged to indemnify TwinScan against all claims, expenses and costs and to reimburse TwinScan for the damage based on the non-contractual use of the 3D data by the customer, in particular if third-party rights are violated due to the alteration of the 3D data or due to the type of use intended and exercised by the customer.
9.3 In addition, TwinScan will do their utmost to create the conditions required for a contractual use of the 3D data to the exclusion of a violation of property rights in question. In this respect, TwinScan can – at their option – try to either be granted the contested right of use to the item disputed by the third party or to edit or replace the 3D data so that the contested property right is not affected and the purpose of use of the 3D data is not changed substantially or only in an extent reasonable for the customer. If, thereafter, the violation of the third-party property right cannot be avoided with reasonable economic effort, TwinScan is entitled to rescind the contract with the customer. Claims for damages of the customer remain unaffected hereof.
10. Data protection
TwinScan collects and processes the customer’s personal data only to the extent necessary to execute the order. This partly requires the support of carefully selected third party companies which process the aforementioned data on behalf of TwinScan and in accordance with TwinScan’s strict specifications.